Pierce & Anor v Coal Authority [2002] EWLands LCA_2_1998 (21 February 2002)

An order for costs of the reference may include costs incurred before notice of reference, provided they were incurred for the purposes of the reference; the statutory regime does not displace the Tribunal's discretion to award such costs, and the Regulations do not affect this power.

Citation: [2002] EWLands LCA_2_1998
Parties: Claimants: Mr & Mrs J E Pierce; Compensating Authority: The Coal Authority
Jurisdiction: England and Wales
Judgment Date: 21 February 2002
Procedural Posture: Appeal Against Registrar's Decision on Costs in Compensation Reference / Appeal Decision
Outcome: Appeal allowed
Legal Topics: Costs in Tribunal Proceedings, Compulsory Acquisition, Professional Fees, Statutory Interpretation

Compensation Law Administrative Law Land Law Costs in Tribunal Proceedings Compulsory Acquisition Professional Fees Statutory Interpretation

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Parties

Mr & Mrs J E Pierce

Claimants

The Coal Authority

Compensating Authority

Procedural Posture

Appeal Against Registrar's Decision on Costs in Compensation Reference / Appeal Decision

Legal Issues

1 Whether costs incurred before notice of reference are recoverable as costs of the reference under the Opencast Coal Act 1958 and Lands Tribunal Act 1949

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Registrar's determination set aside; pre-reference costs may be recoverable as costs of the reference if incurred for the purposes of the reference.
Authority given 14 days to make representations on claimants' costs of the determination; claimants to reply within 7 days thereafter.